(HC) Agee v. Warden, FCI Mendota

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ERIC AGEE, ) Case No.: 1:22-cv-01424-SKO (HC) ) 12 Petitioner, ) ORDER DIRECTING CLERK OF COURT TO ) ASSIGN DISTRICT JUDGE 13 v. ) ) FINDINGS AND RECOMMENDATIONS TO 14 WARDEN, FCI MENDOTA, ) DISMISS PETITION FOR WRIT OF HABEAS 15 Respondent. ) CORPUS ) 16 ) [21-DAY OBJECTION DEADLINE] )_ 17

18 Petitioner is in the custody of the Bureau of Prisons (“BOP”) at the Federal Correctional 19 Institution in Mendota, California. He filed the instant federal petition on November 4, 2022, 20 challenging his conviction and sentence pursuant to 28 U.S.C. § 2241. Because Petitioner does not 21 satisfy the savings clause in 28 U.S.C. § 2255 which would allow Petitioner to challenge his 22 conviction by way of § 2241, the Court will recommend that the instant petition be DISMISSED. 23 BACKGROUND 24 On August 22, 2017, Petitioner pled guilty in the United States District Court for the District 25 of…